Your rights as a tenant in New Zealand, what your landlord can and cannot do in 2026

Last updated 17 May 2026. This is general information, not legal advice.

The rules of renting in New Zealand changed significantly in 2025. The Residential Tenancies Amendment Act 2024 brought back 90-day no-cause terminations, shortened tenants’ notice periods to 21 days, and introduced pet bonds. Many tenants do not realise how much of the law was rewritten under their feet. Many landlords are still operating on a mix of the old rules and the new.

What follows is a plain-English guide to your rights as a tenant in New Zealand in 2026. It covers the questions tenants actually ask. Can my landlord kick me out? Can they raise the rent? Can they walk in whenever they want? Can they keep my bond for that mark on the carpet? It is general information, not legal advice, but every claim in it ties back to the Residential Tenancies Act 1986 as it currently stands, the current healthy homes standards, and recent Tenancy Tribunal decisions.

Can my landlord evict me, and if so, how

This is the question nearly every tenant lands on first. The short answer is yes, but the long answer is that there are specific rules about how, how much notice, and what defences you have.

Since 30 January 2025, landlords have had three ways to end a periodic tenancy. The first is a 90-day no-cause termination. The landlord serves a written notice and you have 90 days to leave. They do not have to give a reason. This is the option that came back in last year and it is now the default route for landlords who want a tenant out without a fight.

The second is a 42-day notice with cause. The landlord can serve a shorter 42-day notice if one of three things is true:

• The landlord or a member of their family needs the property to live in within 90 days of the notice ending and intends to live there for at least 90 days
• The property is under an unconditional sale agreement that requires vacant possession on settlement
• The property is needed for an employee or contractor of the landlord, and this use is recorded in the original tenancy agreement

The third route is termination for tenant breach. If you have not paid rent for at least five working days, caused substantial damage, assaulted or threatened the landlord, or repeatedly breached the agreement, the landlord can serve a 14-day notice to remedy or apply to the Tenancy Tribunal directly. These routes have higher evidentiary requirements but shorter timeframes.

For fixed-term tenancies, the law also changed. From 1 May 2025, a fixed-term tenancy automatically converts to a periodic tenancy at the end of the term unless either the landlord or tenant gives notice between 90 and 21 days before the expiry date. Landlords can now decide not to renew a fixed-term tenancy without giving a reason, by serving the right notice in that window.

What makes a termination notice valid

A notice is only valid if it does several specific things, and you should check each one before you assume the notice stands.

The notice must be in writing. A text or verbal notice is not valid for ending a tenancy, although electronic notices by email are now allowed if you have nominated an email address for service.

It must state the date the tenancy is to end and that date must give you the correct minimum notice. For a 90-day no-cause notice, that is 90 days from service. If the notice is hand-delivered, the clock starts that day. If it was posted, you get an additional four working days for service. If it was emailed, two working days.

It must be signed by the landlord or their authorised agent. A notice from a real estate agent who is not authorised in writing to give notices is invalid.

It must specify the ground the landlord is relying on, particularly for a 42-day notice. A 42-day notice that does not say which of the three grounds applies is defective.

It must not be retaliatory. More on that below.

If any of these things is wrong, you can apply to the Tenancy Tribunal to have the notice declared invalid. You have 28 working days from the date the notice was issued to apply for it to be cancelled. Beyond that window, you can still challenge it but you cannot have it cancelled, only declared invalid for other purposes.

Retaliatory termination, the most important protection you may not know about

This is one of the most powerful protections in the Residential Tenancies Act, and it has been strengthened in 2025.

Under section 54A of the RTA, a termination notice is unlawful if it was given in retaliation for you exercising a right or function under the Act. Exercising a right includes asking the landlord to do repairs, asking for the property to comply with the healthy homes standards, joining or speaking to a tenants’ rights group, refusing to consent to something you did not have to consent to, or applying to the Tenancy Tribunal. It also extends to cases where a third party such as Tenancy Services Compliance and Investigations or your local council took action against the landlord, and the landlord responds by trying to evict you.

You have up to 12 months from the issue of the notice to apply to the Tenancy Tribunal for a finding of retaliatory termination. If you apply within 28 working days, you can also ask the Tribunal to cancel the notice altogether. If retaliation is found, the Tribunal can award you exemplary damages of up to $7,200.

The practical test the Tribunal applies is whether the termination was wholly or partly motivated by the tenant exercising their rights. The timing is often decisive. A no-cause notice that lands two weeks after you emailed your landlord asking for the gutters to be cleared and the heat pump fixed is the kind of fact pattern that triggers a successful retaliation finding.

The lesson. Always raise issues in writing, keep dated copies, and do not stop raising them just because you fear a termination notice. The law specifically protects you against that outcome.

Can my landlord raise the rent

Yes, but only once every 12 months, with 60 days written notice, and only by an amount that does not put the rent substantially above market.

The rules are set out in section 24 of the RTA. The headlines are:

• Rent cannot be increased within 12 months of the start of the tenancy
• Rent cannot be increased within 12 months of the last increase
• Notice of an increase must be in writing, must say the new amount, and must say the date the new rent takes effect
• The minimum notice period is 60 days. Add 1 to 4 days for postal or electronic service depending on the method
• For fixed-term tenancies, rent can only be increased if the agreement specifically provides for it with a clear formula

There is no dollar cap on how much the rent can be raised by. That is the legal position. But the cap that does exist is market rent. If the new rent is substantially higher than the rent for comparable properties in your area, you can apply to the Tenancy Tribunal for a market rent order.

The Tribunal will look at comparable rentals in your suburb, including listings on Trade Me Property and realestate.co.nz at the time, and at the Tenancy Services market rent tool which publishes rolling averages by suburb. If the Tribunal agrees, it can fix the rent at market level for up to 12 months.

To challenge an increase you must apply within either 28 working days (the strict legislative window for cancelling the notice) or within six months (under section 25 of the RTA, to get a market rent order). The shorter window is more powerful because it can stop the increase taking effect at all.

What makes a rent increase notice invalid

A rent increase notice is invalid, and you can keep paying the old rent without consequence, if any of these is true:

• Less than 12 months has passed since the tenancy began or the last increase took effect
• The notice does not give a full 60 days plus the service period
• The notice does not state the new amount or the effective date
• The notice was given verbally or by text only
• You are on a fixed-term tenancy and the agreement does not specifically allow rent increases

If the notice is invalid, write back to your landlord politely setting out which requirement is not met, refer to section 24, and tell them you will continue paying the existing rent until a valid notice is served. Keep paying the existing rent on time. Do not stop paying altogether or you will hand the landlord a separate ground for termination.

Can my landlord just walk in

No. The Residential Tenancies Act gives tenants a right to quiet enjoyment of the property, and landlord access is tightly regulated under section 48.

The rules depend on what the landlord wants to do.

Inspections. Maximum once every four weeks. At least 48 hours written notice. Between 8am and 7pm only. No more than four routine inspections per year. The notice must be no more than 14 days in advance.

Repairs and maintenance. At least 24 hours notice. Between 8am and 7pm. The landlord must tell you the reason.

Healthy homes or smoke alarm work. At least 24 hours notice. Between 8am and 7pm.

Meth testing. At least 48 hours notice. Between 8am and 7pm. Results must be given to you in writing within 7 days. Failure to give the results carries a $2,000 infringement.

Showing the property to prospective buyers or tenants. This requires your consent, which you cannot unreasonably refuse but you can put conditions on. For example, you can require viewings be limited to specified days and times, or that you be present.

Emergencies. No notice required. The situation must be genuinely exceptional and urgent, such as a fire or serious flooding.

Confirming abandonment. If rent has been at least 14 days in arrears and the landlord has good reason to believe the property has been abandoned, they can enter with 24 hours notice.

What the landlord cannot do at any time is force their way in while you are present. Using force or the threat of force to enter is a criminal offence under section 48 of the RTA and is punishable by a fine or imprisonment. If your landlord arrives without notice or refuses to leave, you are within your rights to ask them to leave and to call the police if they persist.

If a landlord is breaching the access rules but not in a way that triggers police involvement, the first step is a polite written reminder citing section 48 of the RTA. Keep a copy. If it continues, apply to the Tenancy Tribunal for exemplary damages and an order to stop the conduct. Awards for repeated unlawful entry have ranged into the thousands.

My landlord won’t do repairs, what can I do

Landlords have a statutory duty under section 45 of the RTA to keep the property in a reasonable state of repair. This duty cannot be contracted out of. If the toilet stops flushing, the heating fails in winter, the roof leaks, or the hot water cylinder dies, the landlord is responsible.

There are two pathways depending on urgency.

Non-urgent repairs

Write to the landlord describing the problem, dating the letter, and asking for it to be fixed within a reasonable time. Keep the letter. If they do not act, serve a 14-day notice to remedy. This is a formal document that says you require the landlord to fix the issue within 14 days, and that if they do not, you will apply to the Tenancy Tribunal.

If the 14 days pass and nothing has happened, apply to the Tribunal. You can ask for an order requiring the landlord to do the work, compensation for the impact of the breach, and exemplary damages if the breach was intentional.

Urgent repairs

For urgent issues, the rules are different. An urgent repair is something like a burst pipe, a hot water cylinder failure in winter, a broken oven, electrical faults that pose a safety risk, or a security failure like a broken external door lock.

If you cannot reach the landlord, you are allowed to arrange the repair yourself and seek reimbursement. The cost must be reasonable, the work must be necessary, and you must make a genuine attempt to contact the landlord first. Keep all receipts and invoices. If the landlord refuses to reimburse, apply to the Tribunal.

The Tribunal takes urgent repair claims seriously. Decisions in 2025 have ordered landlords to reimburse tenants for plumbing work, electrical repairs and emergency callout fees in full when the tenant has documented the attempt to contact the landlord and the urgency of the issue.

Healthy homes standards, what your landlord must provide

From 1 July 2025, every private rental property in New Zealand must comply with the healthy homes standards. The standards cover five areas.

Heating. A fixed heater that can directly heat the main living room to 18 degrees Celsius. The heater must be of an acceptable type (heat pumps, wood burners with consent, fixed flueless gas heaters in limited cases). Portable plug-in heaters do not meet the standard. The heater must have the right heating capacity for the room size, which is calculated using the Tenancy Services heating tool.

Insulation. Ceiling and underfloor insulation has been compulsory in all rental properties since 1 July 2019. The healthy homes insulation standard sets minimum R-values, and many older installations have to be topped up.

Ventilation. Every habitable space must have a window or door to the outside that can be fixed open. Kitchens and bathrooms must have extractor fans venting outside.

Moisture and drainage. Efficient drainage including gutters and downpipes. Where there is an enclosed subfloor, a ground moisture barrier.

Draught stopping. Open fireplaces must be blocked unless the tenant has agreed in writing to keep one in use. Gaps and holes in windows, doors, walls, ceilings and floors must be stopped.

Landlords must include a healthy homes compliance statement in every new tenancy agreement and at every renewal. If your tenancy started in 2025 or later and you did not get a compliance statement, that is an unlawful act.

If your property does not meet the standards, you have real recourse. Recent Tenancy Tribunal decisions have awarded:

• Up to $7,200 in exemplary damages for landlords who breached all five sections of section 45
• Three weeks’ rent in compensation for the impact of healthy homes breaches on tenants
• $3,500 in exemplary damages for an intentional, repeat breach of heating, insulation, ventilation and draught requirements
• Weekly rent reductions for the duration of the breach

The route is the same as for any repair issue. Write to the landlord. Serve a 14-day notice to remedy. Apply to the Tribunal if it is not fixed.

My landlord wants to keep my bond, what can I do

The bond is your money. It is held by Tenancy Services, not the landlord. The landlord cannot lawfully take any of it without either your signed agreement or an order from the Tenancy Tribunal.

At the end of the tenancy you and the landlord should complete a bond refund form. If you agree on the deductions (or that there are none), you both sign and the bond is paid out, usually within a few working days online.

If you disagree, the landlord has a legal deadline you should know about. The landlord has only two months from the end of the tenancy to apply for a bond refund without your signature. If they miss this window, they must apply to the Tenancy Tribunal to claim any of the bond. The deadline does not apply to tenants, who can apply for the full bond at any time after the tenancy ends.

The deductions a landlord can lawfully claim from a bond are limited to:

• Unpaid rent
• Damage beyond fair wear and tear, with evidence
• Cleaning costs where the property was not returned in reasonably clean and tidy condition relative to its state at the start of the tenancy
• Unpaid water charges if the agreement made them your responsibility
• Costs of replacing locks if you failed to return keys

Fair wear and tear is not deductible. The Tribunal applies a reasonable person test. Paint that has dulled over three years is fair wear. A hole punched in the wall is not. Carpet flattened from foot traffic is fair wear. A burn or a deep stain is not.

The most common reasons landlord bond claims fail at the Tribunal:

• No entry condition report, or one too vague to set a baseline
• Photographs without timestamps or without correspondence to a written report
• Claiming fair wear and tear as damage
• Missing invoices or unverified cost estimates
• Inflated cleaning charges with no professional invoice

How to protect your bond

The single most important thing you can do is photograph and video the entire property at move-in, with timestamps, and again at move-out. Do every room. Open every cupboard. Photograph the inside of the oven, the fridge, the dishwasher. Photograph any pre-existing marks, scuffs, dents and stains. Email the set of photos to yourself or save them to cloud storage so the date is verifiable.

If your landlord refuses to sign a bond refund form when the tenancy ends, fill out the form yourself, sign it, and send it to Tenancy Services. They will contact the landlord. If the landlord does not respond within 10 working days, the bond will be paid out as you requested.

If the landlord disputes the refund, the matter goes to mediation through Tenancy Services. If mediation does not resolve it, either party can apply to the Tenancy Tribunal.

If the landlord never lodged your bond with Tenancy Services in the first place (it must be lodged within 23 working days of being paid), they can be fined up to $1,000 and ordered to pay the bond back to you.

Can my landlord ban pets

Until 1 December 2025 there was no specific law about pets in rental properties, and most leases banned them outright. From that date, the rules changed.

Under the new pet provisions of the RTA:

• You can keep a pet in a rental property with the landlord’s written consent
• The landlord can refuse consent only on reasonable grounds, set out in the Act
• The landlord can charge a pet bond on top of the regular bond, up to a maximum of two weeks’ rent
• You are liable for damage caused by the pet beyond fair wear and tear

Reasonable grounds for refusal include the property being unsuitable for the pet (a small apartment for a large dog), the pet posing a risk to people or other animals, the landlord’s body corporate or insurance prohibiting it, or the number or type of pets being unreasonable for the property.

If a landlord refuses a reasonable pet request without one of these grounds, you can apply to the Tenancy Tribunal for an order overriding the refusal. The Tribunal will weigh the same factors a reasonable landlord would.

The pet bond is separate from the general bond. It is held by Tenancy Services in the same way. Damage by the pet comes out of the pet bond first.

Can my landlord stop me having flatmates or guests

Adding flatmates is more constrained than guests, but neither can be unreasonably refused.

Your tenancy agreement will say how many people can occupy the property. Adding a new person beyond that limit requires the landlord’s consent. The landlord cannot unreasonably refuse, but they can ask reasonable questions about who the new occupant is.

Guests do not require landlord consent. There is no rule limiting how often you can have friends or family stay overnight. A landlord who tries to ban guests is overreaching. The Tribunal has repeatedly held that occasional or regular short stays by guests are part of the tenant’s right to quiet enjoyment of the property.

If the landlord includes a clause in the tenancy agreement saying no guests overnight, or no visitors after 10pm, or anything similar, the clause is unenforceable because it contradicts the RTA. Signed terms that contradict the Act do not bind you.

My landlord wants to sell the property

The property can be sold during your tenancy. The sale does not end your tenancy, but how it interacts with your tenancy depends on the type and the timing.

If you are on a periodic tenancy, the new owner inherits the tenancy. They become your landlord on settlement. The terms continue unchanged.

If the sale is conditional on vacant possession, the seller can serve a 42-day notice on you under one of the three short-notice grounds. They cannot do this lightly. The sale must be unconditional, and the contract must require vacant possession. If the sale falls through, the notice is void.

You have the right to limit access for prospective buyers. The landlord must get your consent to bring buyers through, you cannot unreasonably refuse, but you can set conditions. Reasonable conditions include limiting viewings to certain times, requiring 24 hours notice for each viewing, and being present for them. Open homes require the same consent and conditions.

If you are on a fixed-term tenancy, the new owner cannot end the tenancy before the fixed term expires unless one of the standard termination grounds applies (breach, sale with vacant possession, owner occupation and so on). The new owner takes the property subject to your fixed term.

Domestic violence, the two-day notice

This is a critical protection that not enough tenants know about.

Under section 56B of the RTA, a tenant who is a victim of family violence can end a tenancy with two days written notice. The notice can be served on the landlord with qualifying evidence, such as a protection order, a police safety order, or a statutory declaration witnessed by an approved person. There is no financial penalty and the landlord cannot refuse.

From 20 March 2025, this protection extends to children and other dependants of the tenant. The landlord cannot end a tenancy of any other tenants in the property based on the family violence withdrawal. The withdrawing tenant’s name is removed from the agreement and the remaining tenants’ rent obligations are reduced proportionately.

If you are in this situation, contact the Family Violence Information Line on 0800 456 450 for help with the documentation. You do not have to face this alone or stay in an unsafe home because of a lease.

The Tenancy Tribunal, how it actually works

The Tenancy Tribunal is the body that decides disputes between tenants and landlords. It is not a court. It is informal. You do not need a lawyer.

The filing fee is $20.44 in 2026. Hearings can be in person, by phone or by video. Most are decided within a few weeks of filing. The decision is legally binding and enforceable.

Cases the Tribunal commonly hears include bond disputes, applications to cancel termination notices, claims for unlawful entry, claims about healthy homes breaches, retaliatory termination claims, and claims for unpaid rent or damage by either party.

Before filing, you usually have to attempt mediation through Tenancy Services. Mediation is free and resolves a large share of disputes without a hearing.

When you file you submit a written application with the order you want and the reasons. Attach your evidence (the notice you received, your photographs, the email exchanges, the receipts). Make sure your timeline is clear. The Tribunal members read the file before the hearing.

At the hearing, you tell your side. The other party tells theirs. The adjudicator asks questions. A decision is usually given orally at the end of the hearing or in writing within a week or two.

If you win, the decision is enforceable as a judgment. If you lose, you can appeal to the District Court within 10 working days but only on points of law, not facts.

What to do if your landlord won’t engage

Sometimes the landlord simply ignores you. They will not respond to repair requests. They will not acknowledge a notice you have served. They will not refund your bond. Three steps usually move things.

One. Put everything in writing. Even if you have already had phone calls or texts, send a clear email or letter setting out exactly what you are asking for, what your legal basis is, and a deadline for response. Keep the copy.

Two. Bring in Tenancy Services Compliance and Investigations. This is the enforcement arm of Tenancy Services. They investigate breaches by landlords and can issue improvement notices, infringement fees and prosecution recommendations. You can contact them on 0800 836 262 or via the tenancy.govt.nz website. The mere fact of an investigation often shifts a landlord’s behaviour.

Three. Apply to the Tenancy Tribunal. The application can be made online, and the filing fee is small. Most landlords engage once they receive a Tribunal application, because the alternative is to be a no-show and have a binding order made against them.

The threshold for action is lower than you might think. Tribunal awards have included exemplary damages for landlords who failed to lodge a bond, gave unlawful notice, breached the healthy homes standards, entered without notice, or threatened tenants who raised legitimate complaints.

Free help when you need it

You do not have to fight this alone. Several services provide free advice and support.

• Tenancy Services on 0800 836 262 is the government information line and handles the formal process
• Community Law Centres provide free legal advice nationwide
• Aratohu Tenant Advocacy is a free online resource with detailed legal explanations
• The Citizens Advice Bureau provides general advice in person, by phone or online
• Renters United campaigns for tenants and provides support
• Tenants Protection Association covers Auckland
• Manawatū Tenants’ Union covers the Manawatū

The takeaway

Renting in New Zealand can feel like an unequal relationship, and the 2024 amendments shifted some things in favour of landlords. The 90-day no-cause termination is back. The notice tenants must give is shorter. Fixed-term tenancies no longer roll over automatically.

But the protections that matter most have not gone away. Your landlord cannot enter your home without notice. They cannot raise the rent more than once a year or above market. They cannot keep your bond without your agreement or a Tribunal order. They cannot serve a notice in retaliation for you exercising your rights. They cannot ignore the healthy homes standards. They cannot ban your guests or unreasonably refuse pets.

The single most powerful thing you can do as a tenant is keep records. Photograph the property at the start and end of the tenancy. Put repair requests in writing. Date every email. Save every notice. The Tenancy Tribunal is an evidence-driven forum, and the tenant with documentation almost always beats the landlord without it.

If you are in trouble, get help. The advice services above are free. The Tribunal is cheap and informal. Most disputes that end up there are won or lost on whether the tenant moved first and moved properly.

Frequently asked questions

Can my landlord evict me without a reason in New Zealand

Yes. Since 30 January 2025, landlords can serve a 90-day no-cause termination notice on a periodic tenancy without giving a reason. You have 90 days from valid service to leave. If you believe the notice was given in retaliation for exercising a tenant right, you have 28 working days to apply to the Tenancy Tribunal to have it cancelled, and up to 12 months to apply for a finding of retaliatory termination.

How much notice does my landlord have to give me in 2026

Ninety days for a no-cause termination of a periodic tenancy, or 42 days for one of three specific grounds: the owner or family member moving in, an unconditional sale that requires vacant possession, or housing needed for the landlord’s employee. The notice must be in writing and properly served. Tenants ending a periodic tenancy themselves now need to give only 21 days notice.

How often can my landlord raise the rent in New Zealand

Once every 12 months, with 60 days written notice. The first increase cannot happen within 12 months of the tenancy starting. There is no statutory dollar cap on rent increases, but increases substantially above market rent can be challenged at the Tenancy Tribunal under section 25 of the Residential Tenancies Act.

Can my landlord enter the property without notice

Only in a genuine emergency. For routine inspections, your landlord needs 48 hours written notice and can only inspect once every four weeks. For repairs and maintenance, 24 hours notice is required. All entries must be between 8am and 7pm. Entering without lawful notice is an unlawful act and the Tenancy Tribunal can award exemplary damages.

How long does my landlord have to do repairs in New Zealand

There is no specific statutory timeframe, but the duty under section 45 of the RTA is to keep the property in a reasonable state of repair. For non-urgent repairs, write a request and then serve a 14-day notice to remedy if it is ignored. For urgent repairs such as burst pipes, broken hot water cylinders or security failures, you can arrange the work yourself if you cannot reach the landlord, and recover the reasonable cost.

Can my landlord keep my bond at the end of the tenancy

Only with your written agreement or a Tenancy Tribunal order. The bond is held by Tenancy Services, not the landlord. Lawful deductions are limited to unpaid rent, damage beyond fair wear and tear with evidence, cleaning costs where the property was not returned in a reasonably clean condition, unpaid water charges where the agreement applies, and the cost of replacing keys you failed to return.

What is fair wear and tear in a New Zealand rental

Fair wear and tear is the gradual deterioration of a property and its fittings through normal everyday use over time. Faded paint, worn carpet from foot traffic, and small marks on walls from furniture are fair wear and tear. Holes punched in walls, burns on bench tops, and stains from spills are damage and can be deducted from the bond with evidence.

Can my landlord ban pets in 2026

No, not as a blanket rule. Since 1 December 2025, landlords can only refuse pets on the specific reasonable grounds set out in the Act, including the property being unsuitable, the pet posing a risk to people or other animals, or body corporate or insurance prohibitions. An unreasonable refusal can be overruled by the Tenancy Tribunal.

What is the maximum pet bond in New Zealand

Two weeks’ rent. The pet bond is on top of the regular bond, is held by Tenancy Services, and is the first pool drawn from to cover damage caused by the pet.

Can my landlord stop me having flatmates or guests

A landlord cannot unreasonably refuse an additional flatmate if the property has capacity. Guests are not subject to any cap on visits or overnight stays. Clauses that try to limit guests contradict the right to quiet enjoyment and are unenforceable, even if you signed the tenancy agreement.

How much does it cost to file a Tenancy Tribunal application in New Zealand

$20.44 in 2026. Hearings are informal, you do not need a lawyer, and decisions are usually made within a few weeks of filing. Most disputes go to free mediation through Tenancy Services first, which resolves a large share without a hearing.

What is a retaliatory eviction and what can I do about it

A retaliatory eviction is a termination notice given because the tenant exercised a right under the Residential Tenancies Act, for example asking for repairs, raising healthy homes concerns, or applying to the Tribunal. You have 28 working days to apply to the Tenancy Tribunal to have the notice cancelled, and up to 12 months to apply for a finding of retaliation with damages of up to $7,200.

Have you successfully pushed back on a landlord in New Zealand? Tell us how in the comments below.